EL CONTEXTO DOGMÁTICO DE LA PAR CONDICIO CREDITORUM EN EL DERECHO ROMANO

Abstract

According to the thesis sustained by the author, from a dogmatic point of view, the appearing of par condicio creditorum would be linked to a complex context, of which the variables would be the consolidation of the limited liability as a general rule, the deregulation of some demands of the constitution of private wealth, the relevance of the knowledge of the owner of the business of the slave and the existence of a privilege of payment (ius deductionis) connected to the ignorance of said businesses. In this sense, and given the importance that the legal interpretation has in the Roman world, it is interesting to observe how it freely develops the concepts associated to the regime of limited liability, in such a way that it contributes to the creation of a juridical regime that favors the business activity. This suggests the need to analyze the principle of par condicio creditorum in the arch of dogmatic connections, which greatly exceed the problem of insolvency of the debtor and the procedural conditions for its execution. Finally, from a methodology perspective, the author endorses the possibility of the comprehension of the phenomena from several ways of knowledge, as a strategy to explain some of the participating institutions.